court
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Republican Tina Peters hit with contempt of court citation in Mesa County
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Mesa County Clerk Tina Peters was ordered on Wednesday to appear later this month before a Mesa County District Court judge on a contempt of court citation alleging that she lied to another judge about videotaping a court hearing. Peters, a Republican candidate for Colorado secretary of state, is also facing separate misdemeanor obstruction charges…
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State employees do not have right to rescind their resignation, appeals court says
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State agencies do not have to honor an employee’s request to withdraw their resignation, the Court of Appeals has ruled. A three-judge panel for the appellate court considered whether the state constitution, which guarantees that employees in the Colorado personnel system hold their jobs “during efficient service or until reaching retirement age,” allows workers to…
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Prosecutors, public defenders square off on jury bias bill as Senate committee seeks compromise
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Elected prosecutors strenuously opposed and defense attorneys vigorously supported proposed legislation to address implicit bias in jury selection, prompting the Senate Judiciary Committee on Wednesday to postpone action and search for a middle ground. Proponents of Senate Bill 128 hope to join the handful of states whose legislatures or highest courts have enacted procedures making…
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State Supreme Court to take up case of sleeping juror
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The prosecution, defense attorneys and judge in a felony trial all noticed that a juror was repeatedly falling asleep, but the judge declined the defense’s request to “rouse him.” The state’s Court of Appeals later determined it could not review whether the sleeping juror compromised the defendant’s right to a fair trial because the defense…
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Appeals court overturns conviction after video evidence contradicted security guard’s testimony
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Store surveillance footage directly contradicted testimony that a man used force in his attempt to rob a Weld County supermarket, prompting the state’s second-highest court to overturn his conviction. A three-judge panel for the Court of Appeals determined that witness testimony cannot sustain a conviction when undisputed video evidence invalidates what the witness said. As…
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Ex-Montrose sheriff’s deputy failed to establish retaliation for complaining about racism, court finds
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A Montrose County deputy’s text message complaining about racism and unprofessional conduct in the sheriff’s office was neither specific enough nor sufficiently in the public’s interest to shield him from retaliation, the federal appeals court based in Denver decided on Thursday. Brad Lamb, who the Montrose County Sheriff’s Office terminated in September 2015, believed he…
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Federal judge recommends letting man sue prison officials for severe injuries
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A federal magistrate judge has concluded medical personnel violated a detainee’s constitutional rights if, as alleged, they waited 36 hours to transport him to the emergency room despite his rapidly-deteriorating condition that ultimately required amputation of his limbs. U.S. Magistrate Judge N. Reid Neureiter recommended against dismissing Christopher Tanner’s civil rights lawsuit, stemming from Tanner’s…
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Federal judge cites no power to review Colorado Supreme Court decision, rejects discipline lawsuit
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Citing the longstanding prohibition on federal judges reviewing decisions of state courts, a magistrate judge has tossed a lawsuit from a paralegal who sought to overturn the Colorado Supreme Court’s 2019 sanction of her. Susan Renee Zebelman Vigoda of Boulder sued the state’s Office of Attorney Regulation Counsel, among others, for its investigation of her…
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Judge gives tentative OK to class-action lawsuit against King Soopers
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A federal judge has given preliminary approval to a class-action lawsuit against The Kroger Company seeking to allow salaried supervisors at King Soopers, a brand of Kroger, to recover overtime compensation they are allegedly owed. U.S. District Court Chief Judge Philip A. Brimmer certified, as a class of plaintiffs, all current and former supervisors of…
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10th Circuit reinstates group prayer lawsuit of 1993 WTC bomber
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The federal appeals court based in Denver has reinstated a Muslim inmate’s religious liberty lawsuit against the Federal Bureau of Prisons, finding a lower court misunderstood the level of access prison officials were providing to group prayer. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit sided with Ahmad Ajaj, who…
